Terms & Conditions

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1.

TERMS

This is a legal agreement (“Agreement”) between You and AirTouch Connections Ltd. (“the Company”), for use of the AirTalk VoIP platforms and other related services and products connected to the AirTalk VoIP platform including, but not limited to the AirTouch software product, websites and mobile applications (“Service”) provided by AirTouch Connections Ltd. By accepting this Agreement or by accessing and using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a Company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement, in which case the terms “you” or “your” shall refer to such entity and its affiliates. The Company may change this Agreement from time to time without prior notice. You can review the most current version of this Agreement at any time here. The revised terms and conditions will become effective upon posting and if you use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this Agreement is not acceptable to you, your only remedy is to stop accessing and using the Service. This is an Agreement for use of the Service, and you are not granted a license to any software by this Agreement.


2.

SERVICE

The “Service” includes any tools, software, data, text, images, sounds, video, and content made available by the AirTalk VoIP platforms. Any new features added to or augmenting the Service are also subject to this Agreement. No reselling or use outside of permitted terms is allowed. Other than using the Service as permitted under the terms and conditions of this Agreement or other written agreements between you and the Company, you may not resell, distribute, make any commercial use of, or use on a time-share or service bureau basis.

3.

YOUR USE OF THE SERVICE

Although we shall try to ensure that you are able to make full use of the Services, we do not guarantee that the Services shall be available at all times and we shall not be responsible or liable for any loss whatsoever and howsoever arising as a consequence of any non-availability of the Services. The Services are not fault free and factors including (but not limited to) acts of God, geographical topography, weather conditions, planned maintenance or rectification work on the AirTalk VoIP Network may interfere adversely with the quality and provision of the Services. Access to AirTalk VoIP services will depend upon the arrangements between the Tier 1&2 Network Facilities Provider (NFP) and us and will be subject to the availability of the Network Facilities Provider (NFP) 's network, gateway restrictions and charges.

4.

PROHIBITED USE

You may not:

  1. Monitor, intercept, modify or damage any communication which is not intended for you;
  2. Manipulate caller ID information;
  3. Send or make any unsolicited communications or other communications not permitted by law or use the Services to misrepresent or impersonate another person, harass, embarrass or threaten a third party in any way;
  4. Use the Services in a fraudulent manner;
  5. Expose any third party to any material that might be considered offensive, indecent, harmful or objectionable in any way;
  6. Use any code or other malicious techniques to distort, change, access, delete or damage in any way the Company software, websites or products and services;

5.

USE OF AirTalk VoIP SERVICES:

Subject to these Terms and Conditions, the Company grants you a non-exclusive, non-assignable, non-transferrable license to download and use our software, and to use our websites and products and services.

6.

NO EMERGENCY CALLS:

The Company Services are not intended to support or carry emergency calls of any kind. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.

7.

NUMBERS PROVIDED BY THE COMPANY

Numbers provided to you by the Company (DID Numbers), including but not limited to VoIP Numbers, are not owned by you and you do not have a right to retain the number forever. You acknowledge that you have no specific claim of ownership to any DID Number. You may not attempt to transfer your DID Number to another user or port-out the number. The Company reserves the right to change or withdraw the DID Number allocated to you at any time, without notice, at its sole discretion.

8.

PAYMENTS AND REFUNDS

In order to use the Services, you must first add sufficient credit to your AirTalk account to support the cost of said services.
You can pay for the Services by adding credit to your AirTalk account. Credit can be purchased by using any payment method made available to you by the Company. All properly purchased credit will be made immediately available for your use of the Services.
You can choose to automatically recharge (Auto-recharge) your AirTalk account by opting in from your AirTalk account. Once you opt-in, your account will be automatically recharged with the amount of credit you select, using your designated payment account, when the balance falls below the specified threshold. By selecting this option, you are providing your continual approval for all subsequent recharges until you disable the Auto-recharge feature.
You may request for a refund of any payment on your AirTalk Account.
The Company will charge a thirty US dollar ($30) administration fee for all refund requests.
If the available account balance is thirty dollars or less, the account balance will be set to zero and no refund will be due.

9.

RATES, TAXES AND CHARGES

All rates and charges for the Services will be displayed on the relevant Company Websites. The Company reserves the right to change our rates and charges for any service at any time, with immediate effect, and without notice. You agree that by continuing to use the Services following a change in rates or charges, you accept such changes.
The Company recommend that you frequently check our advertised rates and charges by visiting our Website.
For calling services, all rates (except where otherwise indicated in the Company Website) will be based upon the duration of each call, charged in full second increments. At the end of a call, any partial second of duration will be rounded up to the next full second, and any fractional cent charge will be rounded to the next full cent. For example, a call with a duration of 5 minutes and 55.5 seconds will be rounded up to 5 minutes and 56 seconds, and a charge of 12.9 cents will be rounded up to 13 cents.
The Company will include any taxes and fees in the rates that we charge for the applicable service where we are responsible for collection and submission. You are solely responsible for the payment of any other taxes and fees for which the Company does not have responsibility for collection and submission.

10.

THIRD PARTY CHARGES

When using the Company Services, you may use data or minute allowances available on the service package to which you have subscribed with your phone or data service provider, or incur charges from your phone or data service provider. Out of country charges may lead to significantly higher costs than regular usage. You are solely responsible for understanding and paying for any such charges from your phone or data service provider.

11.

TERMINATION & CANCELLATION

You agree that the Company may without prior notice immediately terminate your access to the Service. Such termination may be made in the Company’s sole and absolute discretion with or without cause. For illustrative purposes only, the situations in which the Company may terminate your access to the Service shall include, but not be limited to:

  1. Breaches or violations of the Agreement or other incorporated agreements or guidelines;
  2. Requests by law enforcement or other government agencies
  3. A request by you (self-initiated account deletions)
  4. Discontinuance or material modification to the Service (or any part thereof)
  5. Unexpected technical or security issues or problems
  6. Extended periods of inactivity;
  7. Engagement by you in fraudulent or illegal activities and/or
  8. Nonpayment of any fees owed by you in connection with the Service.

Further, you agree that all terminations for cause shall be made in the Company’s sole and absolute discretion and that the Company shall not be liable to you or any third party for any termination of your access to the Service.

12.

LIMITATION OF LIABILITY

To the fullest extent permissible by law, we are not liable for any costs, loss, liability or damage whether direct, special or consequential, howsoever and whatsoever arising out of our supply of, or failure to supply, the Services and you shall indemnify and keep us indemnified at all times against any and all costs, expenses, actions, claims, demands and damages howsoever and whatsoever arising as a result of the use of the AirTalk VoIP Service platform by you or anybody else.

13.

ERRORS

A possibility exists that our website or materials could include inaccuracies or errors or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to our website or materials. Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. If a situation arises in which our website’s completeness or correctness is in question, please contact us via our contact information provided on our “Support” page of the website with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our website.

14.

GOVERNING LAW

This Agreement shall be governed by the laws of Kenya without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of Kenya for the purpose of resolving any dispute relating to your access to or use of the Service

15.

USE FROM OUTSIDE KENYA

The Company makes no representation that the Services are appropriate or available for use in locations outside Kenya, and accessing them from territories where the Services are illegal is prohibited. If you choose to access the Services from locations outside Kenya, you do so at your own initiative and are solely responsible for compliance with local laws.

16.

RECORDING CALLS

It is your sole responsibility to refrain from any unlawful action involving our services, including our AirTalk App. It should be noted that depending on the state or country in which you are located or the person you are calling is located, you may violate a country’s or a state’s criminal law or create civil liability for yourself by listening in on or recording a telephone conversation without informing the other parties that you are doing so. It is your responsibility to make sure you follow all laws while recording conversations.
If you have any questions about these Terms and Conditions, please contact us via email aclsupport@airtouchkenya.com